Australian Immigration Law: Partner Visa Advice Memorandum

This memorandum of advice, prepared by a migration agent, addresses the visa options for Ebony Enders and Ivory Caulfield under Australian immigration law. Ebony, having previously had a visa cancelled but successfully overturned by the Administrative Appeals Tribunal (AAT), is now eligible to apply for a temporary Partner visa (subclass 820). The memorandum confirms that Ebony meets the eligibility criteria, including relationship requirements, as she is in a relationship with an Australian citizen, has been living together for seven months, and is ten weeks pregnant, which satisfies the compelling and compassionate circumstances exception to the 12-month cohabitation rule. The memorandum clarifies that because the previous visa cancellation was set aside, it is not a barrier to her application. Following the successful application of the subclass 820 visa, Ebony can then apply for a permanent Partner visa (subclass 801). The memorandum references relevant sections of the Migration Act 1958 and relevant webpages from the Department of Home Affairs.

Australian Immigration Law
Memorandum of Advice
Student Credentials
18-Jan-20

Immigration Law 1
Memorandum of Advice
To: Terry Stamp
From: Rebecca Sanders - Migration Agent
Date: 18th January 2020
Re: Ebony Enders and Ivory Caulfield - Subclass 820 and Subclass 801 Partner visas
Ebony Enders here has been previously denied a visa request under the section 109 (1) of the
Migration Act 1958. But, the AAT or the Administrative Appeals Tribunal has set aside that
order already under the section 114 (1) of the Act1. Hence, the previously denied request shall
not be considered an issue here. Ebony here is definitely entitled to apply for the temporary
visa under subclass 820 as she meets all the eligibility requirements as specified by the
Australian Government Department of Home Affairs.
These requirements include,
“Not had a visa cancelled or an application refused”: Since, the denial has been set aside;
Ebony can apply for the Temporary Visa.
“Meet relationship requirements”: Ebony here can be recognized as a partner of an
Australian Citizen as they already have been living together since past 7 months and
Ebony is ten weeks pregnant and as per the department of home affairs, in such a case, “The
12-month requirement will not apply if you can show them compelling and compassionate
circumstances exist to grant the subclass 820 visa”2.
1 MIGRATION ACT 1958 - SECT 114(1)
2 Department of Home Affairs, "Subclass 820 Partner Visa (Temporary)", Immi.Homeaffairs.Gov.Au
(Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-
820#Eligibility>.

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Rest all requirements as in the health criteria, age criteria and character criteria are all already
met by the couple.
After this temporary visa has been obtained, application for Partner visa subclass 801
permanent visas can be applied for easily and which shall be granted soon by the Department
of Home Affairs3.
Yours Sincerely,
Rebecca Sanders,
Migration Agent
(Supervisor – Terry Stamp)
3 Department of Home Affairs, "Subclass 801 Partner Visa (Permanent)", Immi.Homeaffairs.Gov.Au (Webpage,
2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/permanent-
801#Eligibility>.

Immigration Law 3
Bibliography
Primary Sources
Statutes
MIGRATION ACT 1958 - SECT 114(1)
Secondary Sources
Websites
Department of Home Affairs, "Subclass 801 Partner Visa
(Permanent)", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/permanent-
801#Eligibility
Department of Home Affairs, "Subclass 820 Partner Visa
(Temporary)", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-
820#Eligibility